United States: Employment and HR

While many employers use bonuses to reward deserving employees for various reasons, those bonuses can create complications under the Fair Labor Standards Act (FLSA) if not handled properly. More specifically, employers must properly include bonuses paid to nonexempt employees when calculating overtime.

New York State has proposed regulations requiring certain employers to maintain opioid antagonists like naloxone in the workplace as part of their first-aid supplies. The regulations outline storage requirements, employee training mandates, and maintenance protocols, though questions remain about practical implementation for specific workplaces.

Employers often focus on FMLA, ADA, and state leave laws when employees take time off, but they may overlook a critical detail: their group medical insurance policy dictates how long active coverage can continue before COBRA obligations arise. Understanding these policy terms is essential to avoid inadvertently extending coverage beyond contractual limits or failing to offer required continuation coverage at the right time.

Federal contractors face evolving affirmative action obligations as OFCCP eliminates disability data collection requirements while maintaining veteran reporting mandates. Employment law experts examine the regulatory changes taking effect September 21st and outline critical compliance steps contractors must take to navigate the shifting landscape of workplace diversity obligations.

A landmark class action lawsuit challenges Workday's AI-powered recruiting tools, alleging they systematically discriminate against job applicants based on race, gender, age, and disability. The plaintiffs' sweeping motion for class certification seeks to prove that algorithmic screening systems produce measurable disparities across thousands of employers, potentially reshaping how courts evaluate AI-driven employment decisions. Will the court accept that one AI engine creates common questions, or will indi

The Government Accountability Office has issued a report urging the Department of Labor to strengthen oversight of federal contractors' compliance with Section 503 of the Rehabilitation Act, despite DOL's suspension of audits and certifications in 2025. The report reveals that 532 audits conducted between 2017 and 2025 found violations, raising concerns about reduced assurance of contractor compliance with disability employment obligations.

An ERISA plan’s deadline for filing a lawsuit is a powerful defense—but only if your plan can actually use it. Burying it in the plan document, or even spelling it out in the summary plan description (SPD), may not be enough. A recent federal appeals court decision is a pointed reminder to check what participants are actually told when their claims are denied.

A federal judge denied a motion for summary judgment by Dish Network in a class action lawsuit under the Employee Retirement Income Security Act (ERISA). The case involves allegations that the satellite company breached its fiduciary duty under ERISA by retaining certain target-date funds (TDFs) despite their lackluster performance.

In Pover v. The Capital Group Cos. Inc. et al., Case Number 24-5298, a split panel of the Ninth Circuit affirmed a California trial court’s denial of a motion to compel arbitration in a 401(k) self-dealing class action lawsuit against Capital Group. The court held that the provision in Capital Group’s retirement plan documents requiring dispute resolution outside the courtroom was unenforceable because it would nullify rights under ERISA.

Since the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) became fully enforceable in 2023, employers have been navigating federal requirements to provide nursing employees with reasonable break time and a private, non-bathroom space to express breast milk for one year after a child’s birth. Recent decisions indicate that courts are taking violations seriously.

Recent California and federal court decisions address critical employment law issues including the extraterritorial application of California labor statutes, mass joinder in workplace harassment cases...

California has enacted Senate Bill (SB) 951, expanding the information employers must provide when a workforce reduction covered by the California Worker Adjustment and Retraining Notification Act (Cal-WARN) results from artificial intelligence or other automated technology. The new requirements take effect January 1, 2027.